DUI and Criminal Law

This Thanksgiving holidays, state troopers will be in full force conducting patrols and road checks throughout the state of Georgia.Georgia State Troopers will be strictly enforcing seat belt laws and watching for impaired drivers.

The Thanksgiving holiday is typically one of the busiest travel periods of the year. The Georgia Department of Public Safety defines the Thanksgiving holiday as the 102-hour period that begins at 6 p.m.

Law enforcement will be in full force south of Atlanta and throughout the state of Georgia this St. Patrick’s Day. Because many celebrate St. Patrick’s Day by raising a pint (or two) at a local pub, the Governor's Office of Highway Safety is partnering with sober driving coalition TEAM Georgia to warn partygoers that while celebrations may include drinking, revelers should plan for a sober driver to get them home.

It is that time of year again! A new year is right around the corner and people everywhere will make their “resolutions” to improve various aspects of their lives. But before the New Year can begin, the clock has to strike midnight on New Year’s Eve. It is a well-known fact there will be countless New Year’s Eve parties and plenty of opportunities to find trouble no matter where you are.

If you are planning on going out on New Year’s Eve to celebrate the New Year with some friends and some alcohol, make sure you will not find yourself behind the wheel of a vehicle. It is smart to always plan ahead with friends so that everyone knows what the plan is regarding traveling to and from destinations during the night of celebration.Read more . . .

The FAA regulates the use of U.S. Airspace and has rules and regulations concerning the use of Unmanned Aircraft Vehicles (UAV). Due to a sharp rise in the use of UAV, there exists several potential legal issues connected with the use of drones.

Unless the operator has a remote pilot certificate, then Small UAS Rule (Part 107) must be strictly complied with during the entirety of the flight of the UAV, a failure to do so may result in significant civil fines and/or civil action by a private person.Read more . . .

Have you accidentally carried a firearm through an airport security checkpoint?

Picture this – you are running late for your flight, you grab your bag, race to Hartsfield-Jackson International Airport in Atlanta, Georgia, run to the security checkpoint, stand in line, you take off your shoes, take off your belt, and throw everything onto the scanner, you walk through the metal detector, you watch your bag go through the scanner and all of a sudden multiple Department of Homeland Security/Transportation Security Administration (“TSA”) agents are huddled around the scanner screen pointing at something in your bag. Uh-oh, panic sets in as you quickly realize what the problem is, in the chaos of trying to make it to the airport, you forgot to take your firearm out of your bag. TSA agents pull you to the side and shortly thereafter you are face to face with law enforcement and your firearm is seized by the FBI. What happens now?

Well, if you are carrying a firearm on a regular basis, hopefully you have your concealed carry permit on you otherwise, you may be getting ready to take a trip to Clayton County jail. If you have a concealed carry permit and you are compliant with TSA and law enforcement officials, you may spare yourself an evening behind bars.

While many states have permitted the legal use and consumption of marijuana and marijuana-based products, Georgia has not. However, the DUI law in Georgia has changed to reflect the legalization of marijuana in other states.

First, it’s important to know that DUI does not just mean driving under the influence of alcohol, it includes driving “less safe” under the influence of any prescription or illegal drug – including marijuana. However, under current DUI law in Georgia, a positive blood test for marijuana no longer proves that a driver was impaired while operating a vehicle, as the mere presence of cannabis metabolites no longer constitutes DUI.

In the state of Georgia, a person can be arrested for DUI when sitting in a parked car – even if the keys are not in the ignition and the officer has not witnessed you driving under the influence.Georgia law has a broad definition of a driver being in physical control of a vehicle, which extends beyond physically driving.Officers have made DUI arrests for simply sitting in the driver’s seat of a parked car with the keys nearby.

Even through the arresting officer does not need to witness driving to make a DUI arrest, he or she does need to provide evidence that you were operating the vehicle while impaired.Evidence of recent driving may include, but is not limited to, a warm hood, headlights on or keys in the ignition.

Congrats to three SWWW attorneys for being appointed to serve on special or program committees for the State Bar of Georgia. From the court system to the classrom, we know you will work hard to make a positive impact.

The Governor’s Office of Highway Safety has announced the schedule for 2016 mobilizations, during which law enforcement will be out in full force, patrolling for signs of driving under the influence and other safety violations.

It’s a good idea to drive safely everyday, however, drivers should use extra caution when driving during these dates. Encountering an Read more . . .

Every holiday season the National Highway Traffic Safety Administration (NHTS) teams up with State and local law enforcement in an effort to keep drunk drivers off the streets through the Drive Sober or Get Pulled Over holiday enforcement crackdown. This year the increase in patrols runs from December 16 to January 2. During this highly visible enforcement period, law enforcement agencies will be cracking down on impaired driving.

Nationwide, more than 10,000 police departments and law enforcement agencies are in full force. They even launched a new ad campaign that is showing before screenings of one of the most anticipated new films of the year, “Star Wars: The Force Awakens.Read more . . .

Smith Welch Webb & White serve clients throughout the south metro Atlanta area including but not limited to McDonough, Stockbridge, DeKalb County, Clayton County, Henry County, Peach County, Jonesboro, Spalding County, Butts County, and Lamar County.